Jurors rule for man burned while working at church, award him $471K

Published: Tuesday, July 22, 2014 at 5:43 p.m.

Last Modified: Tuesday, July 22, 2014 at 5:43 p.m.

A Marion County jury on Tuesday determined that a local church must pay $471,789.50 to a man who was severely burned when he set fire to a pile of yard debris on church property while working off community service hours.

As the court clerk read the sums awarded to plaintiff Justin Casto against Agape Baptist Church — $171,789.50 in medical bills, $150,000 for past pain and suffering and $150,000 for future pain and suffering — his attorney Dock Blanchard placed his right hand on his client's back.

The final sum is $100,000 greater than Blanchard asked for in his closing argument, where he asked for $50,000 for Casto's future pain and suffering.

“I'm impressed that the jury took the time to consider all the evidence,” Blanchard said after the verdict. He said the case truly shows the dangers of gasoline.

One gallon of gasoline is equal to four sticks of dynamite, according to the testimony of an expert witness.

Casto said he is “truly blessed” and gives praise and thanks to his father Jesus Christ.

Richard Womble, who represented the church, which is located in northwest Marion County, said he would be appealing the decision.

Circuit Judge Steven Rogers said both sides have 30 days to submit the necessary documents.

During the two-day civil trial, neither side disputed the fact that Justin Casto, who was doing community service at the time, was burned over 30 percent of his body on Sept. 28, 2011, after igniting a pile of brush.

But while Casto says the church's negligence led to him to start the fire and he was just following instructions, the Rev. Michael Hackathorn said he only told Casto to pick up the brush and put it into a pile, not to start the fire. He said he didn't even know Jerry Cartwright, who supplied the gasoline, was on church property at the time of the accident.

Casto testified that Cartwright gave him the gasoline and explained to him that he should pour it on the pile and then run a trail a short distance away and light the trail.

On the verdict form, the jury indicated that while Casto was 17 percent negligent, the church or Cartwright was 83 percent negligent.

Womble argued that Cartwright had not acted as an agent of the church because Cartwright was only supposed to be on the property fixing a toilet and if he then began instructing Casto he was outside the scope of his duties.

But the jury disagreed, answering yes to a verdict form question asking if Cartwright was considered an agent of the church. When asked if there was negligence on behalf of the church or Cartwright that caused injury or damage to Casto, the jury also answered yes in both cases.

Casto testified about kneeling down close to the burn pile and said when he ignited the pile he felt intense heat and pain.

During the trial, both sides pointed out inconsistences in the testimony of Hackathorn, Cartwright and Casto, with the jury the ultimate decider of fact.

“This case is about a common sense application of the facts of the evidence,” said Blanchard in his closing argument.

Womble argued that common sense would tell the jury Casto has an interest in how the case ends and that his recollection of events contradicted that of Hackathorn and Cartwright.

The defense pointed out that in the past every time the church started a fire there was a hose present and a call was made to local fire officials. Neither of those safety measures was put in place before Casto lit the pile, because, the defense argued, the church never intended for the pile to be lit.

“Justin Casto was there because he had to be there,” Blanchard said in his closing argument. “Justin Casto was there doing what he was being told to do.”

He pointed to a contract between the Department of Corrections and Hackathorn, which stated that Hackathorn would provide supervision.

“If they'd done what they promised to do this wouldn't have happened,” Blanchard said.

Womble argued that Hackathorn provided appropriate supervision consistent with asking Casto to pick up the brush.

<p>A Marion County jury on Tuesday determined that a local church must pay $471,789.50 to a man who was severely burned when he set fire to a pile of yard debris on church property while working off community service hours.</p><p>As the court clerk read the sums awarded to plaintiff Justin Casto against Agape Baptist Church — $171,789.50 in medical bills, $150,000 for past pain and suffering and $150,000 for future pain and suffering — his attorney Dock Blanchard placed his right hand on his client's back.</p><p>The final sum is $100,000 greater than Blanchard asked for in his closing argument, where he asked for $50,000 for Casto's future pain and suffering.</p><p>“I'm impressed that the jury took the time to consider all the evidence,” Blanchard said after the verdict. He said the case truly shows the dangers of gasoline.</p><p>One gallon of gasoline is equal to four sticks of dynamite, according to the testimony of an expert witness.</p><p>Casto said he is “truly blessed” and gives praise and thanks to his father Jesus Christ.</p><p>Richard Womble, who represented the church, which is located in northwest Marion County, said he would be appealing the decision. </p><p>Circuit Judge Steven Rogers said both sides have 30 days to submit the necessary documents.</p><p>During the two-day civil trial, neither side disputed the fact that Justin Casto, who was doing community service at the time, was burned over 30 percent of his body on Sept. 28, 2011, after igniting a pile of brush.</p><p>But while Casto says the church's negligence led to him to start the fire and he was just following instructions, the Rev. Michael Hackathorn said he only told Casto to pick up the brush and put it into a pile, not to start the fire. He said he didn't even know Jerry Cartwright, who supplied the gasoline, was on church property at the time of the accident.</p><p>Casto testified that Cartwright gave him the gasoline and explained to him that he should pour it on the pile and then run a trail a short distance away and light the trail.</p><p>On the verdict form, the jury indicated that while Casto was 17 percent negligent, the church or Cartwright was 83 percent negligent.</p><p>Womble argued that Cartwright had not acted as an agent of the church because Cartwright was only supposed to be on the property fixing a toilet and if he then began instructing Casto he was outside the scope of his duties.</p><p>But the jury disagreed, answering yes to a verdict form question asking if Cartwright was considered an agent of the church. When asked if there was negligence on behalf of the church or Cartwright that caused injury or damage to Casto, the jury also answered yes in both cases. </p><p>Casto testified about kneeling down close to the burn pile and said when he ignited the pile he felt intense heat and pain.</p><p>During the trial, both sides pointed out inconsistences in the testimony of Hackathorn, Cartwright and Casto, with the jury the ultimate decider of fact.</p><p>“This case is about a common sense application of the facts of the evidence,” said Blanchard in his closing argument.</p><p>Womble argued that common sense would tell the jury Casto has an interest in how the case ends and that his recollection of events contradicted that of Hackathorn and Cartwright.</p><p>The defense pointed out that in the past every time the church started a fire there was a hose present and a call was made to local fire officials. Neither of those safety measures was put in place before Casto lit the pile, because, the defense argued, the church never intended for the pile to be lit.</p><p>“Justin Casto was there because he had to be there,” Blanchard said in his closing argument. “Justin Casto was there doing what he was being told to do.”</p><p>He pointed to a contract between the Department of Corrections and Hackathorn, which stated that Hackathorn would provide supervision.</p><p>“If they'd done what they promised to do this wouldn't have happened,” Blanchard said.</p><p>Womble argued that Hackathorn provided appropriate supervision consistent with asking Casto to pick up the brush.</p><p><i>Contact April Warren at 867-4065 or april.warren@ocala.com.</i></p>